Disciplinary and Performance Actions

Federal Lawyers Fighting Improper Disciplinary & Performance Actions

One demotion, suspension or removal does not just affect your current livelihood. It also has the potential to completely ruin your chance at gainful, fulfilling employment in the future. With so much at stake, it is imperative that you work with a knowledgeable attorney who can help you get your job back.

Using the Douglas Factors to Fight Proposals for Suspension or Removal

We craft persuasive arguments using the Douglas factors, or mitigating factors, to seek a reduction or dismissal of a proposed adverse action against our federal employee clients. These factors include:

The consistency of the penalty with regard to applicable penalty tables and the penalties applied to other employees in similar situations

The effect the purported offense has had on the employee’s work performance

The ability of the employer to rehabilitate the employee or offer alternative sanctions

We understand that the goal here is to reduce or eliminate the disciplinary or performance-based adverse action. We will do everything in our power to get your agency to dismiss the suspension or removal proposal. In the event that this doesn’t happen, we will pursue additional reviews and appeals as far as possible.

Misconduct vs. Non-Performance Allegations

The burden of proof that the agency must show in support of its allegations depends on the type of allegation that led to your removal, demotion or suspension:

Misconduct allegations require the agency to prove that misconduct by a preponderance of the evidence. This generally means that the agency must show that the misconduct more than likely happened (a 51% or greater likelihood).

Non-performance allegations require a considerably lower burden of proof, called substantial evidence. As this burden of proof weighs heavily in favor of the agency, the employee must put forth greater evidence that shows that non-performance is a non-issue.

We can help you understand which burden of proof applies in your situation and what we must do to build a comprehensive, persuasive case to support your claim.

Based in Washington, D.C., our federal employee law attorneys at The Bell Law Group, PLLC, are available to represent clients across the U.S. We have used our decades of combined legal experience to help our clients achieve their federal employment goals. Let us seek to do the same for you. Call us at 855-333-2889 or send our employee law firm an email to discuss your particular concern. We are here to help.

Free Case Evaluation

Call us at 855-333-2889 today or fill out the form below, to schedule your Free initial consultation with one of our lawyers